HomeMy WebLinkAboutCity Council Ordinance 1988-26ORDINANCE NO. 88-26
AN ORDINANCE RELATING TO PUBLIC SAFETY AND
AMENDING PLYMOUTH CITY CODE, SUBSECTIONS 915.01, 915.11,
915.15, 915.17, 915.18, 915.23, AND ADDING SUBSECTION 915.24
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 915.01,
Subdivision 2 is amended to read:
Subdivision 2. "Owner" means any person owning, keeping,
harboring or having custody of a dog or degs other animal within
the City.
Section 2. Plymouth City Code, Subsection 915.01,
Subdivision 4 is amended to read:
Subdivision 4. "Under Restraint" means ¢i+ controlled (i)
by a fence, leash or owner's command within the confines of the
owner's property or (ii) by a leash not exceeding six feet in
length while outside of the owner's property and under the
control and direction of the owner or a member of the immediate
family, so as to be as effectively restrained, or (iii) within a
vehicle that is enclosed sufficiently so as to prevent the animal
from exiting the vehicle be#sg-�xieir-o--parked- cm -a- pttl3lic
street.
Section 3. Plymouth City Code, Subsection 915.01,
Subdivision 6 is amended to read:
Subdivision 6."Dangerous
Animal" means any deg animal which eat side-the-o�a�er=s-�rrenrises;
tneiests-pedestr#a�as;-b�tes--a- �;�r-k�i-ng-,-�tt-acic-�-a-r�o-�kre�-deg-er
defflestie- a—n-i-ma3-y---&rr-jamgs-trpo-n- a-gersoff,--or-�aYri ckr,--art�vrk�er�-4:n
tke-£tet.--aaeks-a-zuz a r-being-++earrg-g�ea-bodi3�- kra�m has
attacked, molested, bitten, confined or assaulted a person or
domestic animal, or which otherwise has demonstrated that it
poses a significant risk of causing harm or injury to persons or
domestic animals.
Section 4. Plymouth City Code, Subsection 915.01 is amended
by adding a new subdivision to read:
Subdivision 7. "Wild animal" means any ape, including
chimpanzee, gibbon, gorilla, orangutan, or siamang• baboon, bear,
bison, bobcat, cheetah, crocodile, coyote, deer, includin2 all
members of the deer family such as elk, antelope and moose,
elephant, ferrett, fox, hippopotomus, hyena, jaguar, leopard,
lion, lynx, monkey, ostrich, puma, also known as cougar, mountain
lion or panther, rhinoceros, a snake which is poisonous or
non -indigenous, or any constrictor snake, snow leopard. tiger.
wolf, or other animal that is wild, ferocious
nature, habit, disposition or character.
Section 5. Plymouth City Code, Subsection 915.11,
Subdivision 1 is amended to read:
915.11 Dogs Prohibited from Running at Large. Subdivision
1. General Rule. No owner of a dog shall permit a -d" it to be
at large within the City. :-end Every owner of a dog shall keep
the -deg it under restraint at all times.
Section 6. Plymouth City Code, Subsection 915.11,
Subdivision 2 is amended to read:
Subdivision 2. Certain Begs Animals. No owner shall allow
a female dog in heat or a €}eree; dangerous er- vieroe-dog
animal, to be at large
anywhere within the City. Etr}denee-brat -a-dog- cut -side -e€- the
ecvner's-€ e�rises- lra -b t ear-a-}�x�nan- beirr�t� has-atrtraeleed--anether
deg-or--ar-rrntai-i-ar-jtzitrPed-t ruer-a-pe-rsee- gr4FRa
€ae4e-ev#denee-that-a-deg-4s-€}eree;-dat�gere�as-acid-v#e#et�s-
Section 7. Plymouth City Code, Subsection 915.11,
Subdivision 3 is amended to read:
Subdivision 3. Impoundment of F}eree; Dangerous er--Vie-ietts
Begs; Animals. The Director of Public Safety is hereby
authorized to impound any €#eree; dangerous animal er-v}e}eas-deg
eadarrger#raq-the-sa€ety-e€-the-geeera}-pab}#e-er-ate}ma}_}}€e.found
within the City.
Section 8. Plymouth City Code, Subsection 915.15,
Subdivision 2 is amended to read:
Subdivision 2. Enforcement. It shall be the duty of the
Director of Public Safety together with the person or persons
designated by the City Council as the Animal Control Officer to
enforce the provisions of this Section and to transport or cause
to be transported to the City Pound any or all dogs or other
animals kept within the City contrary to the provisions of this
Section. The Animal Control Officer is authorized to issue tags
and sign complaints against any person for violation of the
provisions of this Section.
Section 9. Plymouth City Code, Subsection 915.15,
Subdivision 5 is amended to read:
Subdivision 5. Accounting by Pound Keeper. The pound
keeper shall keep an accurate account of all dogs or other
animals received at the pound and of all deQe animals killed,
released or disposed of therefrom, and shall make a monthly
accounting thereof to the City Clerk.
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Section 10. Plymouth City Code, Subsection 915.17,
Subdivision 1 is amended to read:
915.17. Animal Beg Bites. Subdivision 1. Notice. Whenever any
person owning, possessing or harboring any dog or other animal
within the City shall learn that such deg animal has bitten any
human being, such person shall immediately notify the Director of
Public Safety.
Section 11. Plymouth City Code, Subsection 915.17
Subdivision 2 is amended to subdivide the paragraph and to read:
Subdivision 2. Animal Bites.
(a) Impoundment. Whenever the Director of Public Safety
shall learns that any human being has been bitten by a
dog or other animal in the City, he shall ascertain the
46ent4€p identity of such deg animal and the person
owning, possessing or harboring it, and shall
immediately direct such person to forthwith impound
such deg animal as herein required. Said officer may
seek whatever legal process is necessary to enter
er
3Fevi ded-that-
out
(b) Dogs. If a eeeh dog has bitten a human being while on
the premises of its owner and said dog is currently
licensed and vaccinated against rabies infection, the
Director of Public Safety or Animal Control Officer may
permit the dog to be impounded upon the premises of its
owner provided that it is kept apart from members of
the general public during such impoundment period. If
under the circumstances the dog is not currently
licensed the Director of Public Safety or Animal
Control Officer may permit the owner of such dog to
immediately obtain a license therefor paying all fees
required including late licensing fees.
(c) Fees. The impoundment fee for any deg animal that is
impounded in the City pound a second time for biting a
human being shall be double the regular impoundment fee
provided elsewhere in this Code. The Director of
Public Safety shall order and direct the transport of
such deg animal to the city pound. Any deg animal so
impounded shall be kept continuously so confined for a
period of ten days after the day the deg animal bit a
human being.
Section 12. Plymouth City Code, Subsection 915.17,
Subdivision 3 is amended to read:
Subdivision 3. Rabies; Inspection. It shall be the duty of
the Director of Public Safety or his designee to insure that
every animal that has bitten a human being said -deg is inspected
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from time to time during its period of confinement to determine
whether such animal deg is infected with rabies. For this
purpose, the Director of Public Safety or his designee shall have
access at all reasonable hours to the premises where such animal
deg is kept a€ -a33 -tee a�3e l�o���s. The period of confinement
for such animal deg shall be terminated only upon the express
authorization of the Director of Public Safety or his designated
authority of the Plymouth Police Department following inspection
and the completion of ten-day confinement period. (Amended, Ord.
No. 83-02, Sec. 1)
Section 13. Plymouth City Code, Subsection 915.18,
Subdivision 1 is amended to read:
915.18. Destruction of Dangerous Animals. Subdivision 1. City
Authorized. After the owner of an animalis given notice and an
opportunity for a hearing as provided in this subsection, ERthe
City Manager e€ is authorized to order
the destruction or disposition of any animal which he determines
to be €leiFee; dangerous and-34,sAe}ls as defined in this Section.
�He-E3-t�'--Nk��eJ�r-,--a-f-t--e-�-kap€erg-baso-ad�ased--o-f--t-t�-e�}s€exee-e€
sueh--aft- p-oeeed- 4-rr47h-e--Fnanner--p-r—e _3-load--by--€kls
sr�bsee€#en-
Section 14. Plymouth City Code, Subsection 915.18,
Subdivision 2 is amended to read:
Subdivision 2. Notice. The owner of the offending animal
shall be notified in writing personally delivered or by certified
mail, return receipt requested, as to the dates, times, places,
and persons bitten, if any, of the right within and- slra-l-1--be
given ten days to request a hearing before the City Manager for a
determination as to the dangerous nature of the animal and
disposition of the same. If the owner does not request a hearing
within ten days of said notice, the City Manager shall make such
order as he deems proper. He may order the animal warden to take
the animal into custody for destruction in which case the owner
shall immediately make the animal available to the animal warden.
Section 15. Plymouth City Code, Subsection 915.18,
Subdivision 3 is amended to read:
Subdivision 3. Hearing. If the owner requests a hearing
for determination as to the dangerous nature of the animal, the
hearing shall be held before the City Manager at a date not more
than three weeks after demand for said hearing. The records of
the animal control officer shall be admissible for consideration
without further foundation. After considering all evidence, the
City manager shall make a determination as to whether or not the
animal is found to be dangerous and the City manager shall make
such order as he deems proper including, but not limited to,
destruction of the animal, if consistent with state and federal
law, transrer or the animal to a zoo or other facility. and
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reimbursement by the owner of the reasonable costs of 1
mal.
Section 16. Plymouth City Code, Subsection 915.23,
Subdivision 1 is amended to read:
915,23. Subdivision 1. Wild er-V4e36tRs Animals Prohibited. No
person shall keep or allow to be kept anyplace in the City a wild
animal as defined in Subsection 915.01, Subdivision 7. The
Director of Public Safety shall be empowered to immediately
whatever legal Process is necessary to enter private property to
carry out this directive aa-a3rimal--e€-a- f�roeiot�s-e-�iei�trs
eharaeterT--ha-b-it-o-r--o-r- -any -a-n3fna-l-VM-e4r-is--w€i-c}-by
nature. I_t is not a defense to allege that the animal has been
tamed.
Section 17. Plymouth City Code, Subsection 915.23 is
amended by adding a new subdivision to read:
Subdivision 2. Notice and Hearing. The same notice and
hearing provisions set forth in Subsection 915.18, Subds. 2 and 3
shall apply with respect to the issue of whether an animal is
"wild_." The City manager shall make whatever order as he deems
1.,,,
it consistent with state and federal law, transfer of the animal
to a zoo or other facility, and reimbursement by the owner of the
reasonable costs of temporary impoundment and transportation of
the animal.
Section 18. Plymouth City Code, is amended by adding
Subsection 915.24 to read:
915.24 In the event that the provisions of Section 915 of the
Plymouth City Code provide inadequate protection for human life
or property, the Director of Public Safety or his designee shall
be authorized to seek court order(s) requiring immediate seizure,
impoundment, destruction, or testing of an animal, or other
relief as required in the interests of public health and safety.
Section 19. This ordinance is effective in accordance with
Subsection 110.11.
ATTEST:
CiE)'rk
Published: Plymouth Post 6-16-88.
Mayor
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